TIME SHARING
FOR PARENTS
By K. Dean Kantaras and Vanessa C. Fernandez
In a dissolution of marriage or a
paternity case, judges determine
parenting plans and time sharing
by considering the best interests of
the child. Florida Statute § 61.13(3) lists
20 factors a judge may consider when
determining what would be in the best
interest of the child. However, these 20
facts are not the only factors that judges
may consider. Judges have the discretion to
consider any factors that could be relevant
to a specific case.
Some of the factors considered may
involve the parents’ behavior before,
during and after litigation, which is
important because of the impact it can
have on children. The law allows judges
to consider the parents’ ability to honor the
time-sharing schedule and to be reasonable
when changes are required. Judges also
may consider the demonstration and
capacity of each parent to determine,
consider and act upon the needs of the child
as opposed to the needs or desires of the
parent. Communication between parents
and the ability of parents to keep each other
informed of issues and activities regarding
the minor child can also be considered.
Judges may also consider the “willingness
of each parent to adopt a unified front on
all major issues when dealing with the
child.” While litigation may be contentious,
a part of the best interest factors is how
parents protect their children from the
litigation. Judges consider whether parents
have discussed the litigation with the
child, or shared documents or electronic
media related to the litigation. Judges will
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K. Dean Kantaras, Esq.
126 TAMPA BAY MAGAZINE | JANUARY/FEBRUARY 2021
capacity and disposition of each parent
to meet the child’s developmental needs.
The court can also consider the reasonable
preference of the child if the judge finds
the child to be of sufficient intelligence,
understanding and experience to express
a preference. All these factors are intended
to help children transition and maintain
stability during and after the divorce.
There are many factors that the court
may consider when determining what is
in the best interests of the child in addition
to the 20 factors provided by the statute
for consideration. Judges can consider any
other factor they deem to be relevant to
the determination of a specific parenting
plan, including the time-sharing schedule.
When litigation involves children, it is
imperative for parties to know these factors
and understand the impact it can have on
their final parenting plan and time-sharing
schedule. 9
EDITOR’S NOTE: K. Dean Kantaras is
the managing partner of K. Dean Kantaras,
P.A., a firm handling cases in family law and
immigration. Mr. Kantaras is board certified
in marital and family law by the Florida Bar.
He has been practicing for over 25 years and is
“AV” rated by Martindale-Hubbell. Vanessa
C. Fernandez is a third-year law student at the
University of Florida Levin College of Law.
She is a law clerk at the Kantaras firm. Their
offices are located at 3531 Alternate 19, Palm
Harbor, 34683, (727) 781-0000 and 1930 East
Bay Drive, Largo, 33771, kantaraslaw.com.
especially consider whether parents have
made disparaging comments about the
other parent to the child. The inclusion
of factors relating to parents’ behavior is
meant to protect the children and should
incentivize parents to be cognizant of their
behavior during litigation and toward the
other parent.
Some factors also relate to the child.
Judges may consider the length of time
the child has lived in a stable, satisfactory
environment and the desirability of
maintaining continuity. Judges may
also consider the geographic viability of
the parenting plan. When considering
geographic viability judges pay special
attention to the needs of school age
children and the amount of travel time
required by the plan. The court can also
consider the developmental stages and
needs of the child and the demonstrated
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